Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 23.3.140, 23.3.147, and 23.3.507 and the repeal of ARM 23.3.101 and 23.3.135 pertaining to driver licensing and licensing operators of commercial motor vehicles

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NOTICE OF PROPOSED AMENDMENT AND REPEAL

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On November 13, 2023, the Department of Justice proposes to amend and repeal the above-stated rules.

2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Justice no later than 5:00 p.m. on June 23, 2023, to advise us of the nature of the accommodation that you need. Please contact Brittany Hansen, Department of Justice, Motor Vehicle Division, 302 North Roberts, Scott Hart Building, P.O. Box 201430, Helena, Montana, 59620-1430; telephone (406) 444-3638; fax (406) 444-2086; or e-mail brittany.hansen@mt.gov.

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

23.3.140 MAIL AND ONLINE RENEWALS (1) ~~If a person is temporarily out of state and will not be returning to Montana prior to the expiration of the person's noncommercial driver's license, the~~ A person may apply by mail or online~~, upon a form prescribed by the department,~~ for the renewal of the license ~~by mail~~ on a form prescribed by the department.

(2) Mail and online renewal applications must be submitted within the grace period prescribed in 61-5-111, MCA, and must be accompanied by the appropriate license fees~~, an eye examination report (form 22-1801) completed by a licensed opthalmologist or optometrist, and a driver medical evaluation report (form 20-1900)~~ ~~completed by a licensed physician~~. If the department does not have a digitized photograph or signature record of the renewal applicant, the applicant must also submit a color head and shoulders photograph of the applicant no larger than 2 x 2 inches in size and an exemplar of the applicant's signature.

(3) A commercial driver's license that does not include a hazardous endorsement may also be renewed by mail or online ~~if the licensee is temporarily out of state and will not be returning to Montana prior to the expiration of the license~~. In addition to completing the requirements of (2), the applicant must also ~~submit a copy of the applicant's~~ have a current ~~DOT card~~ medical examiner's certificate on file with the department.

AUTH: ~~61-5-125~~ 61-14-201, MCA

IMP: 61-5-111, MCA

REASON: These amendments are necessary to facilitate online transactions for Montana residents to reduce wait times and to reduce the need for office visits for residents that fit the updated criteria to renew their license or identification cards. The authority and implementation statutes were reviewed and updated. Section 61-5-125, MCA, was repealed and replaced in 2019, Sec. 26, Ch. 335, L. 2019.

23.3.147 IDENTIFICATION CARDS (1) A person who is a Montana resident and who is not the holder of a valid Montana driver's license ~~from a jurisdiction other than Montana~~ may apply for an identification card.

(2) A person who is the holder of a valid driver's license or identification card from a jurisdiction other than Montana may apply for a Montana identification card upon surrender of their identification card or driver's license from that jurisdiction.

~~(2)~~(3) An A first-time applicant for an identification card ~~applicant~~ must appear in person at a Montana driver's examination station, submit a completed application, on a form prescribed by the department, and provide proof of his or her identity and date of birth in accordance with ARM 23.3.131 and proof of Montana residence in accordance with ARM 23.3.130. If the applicant has separate mailing and residence addresses, both addresses must be included on the application. Identification cards may be renewed online without the need to appear in person at a Montana driver's examination station.

~~(3)~~(4) Except as provided in ~~(4) and (5)~~(a) and (b), the fee for an identification card is $8 defined in 61-12-504, MCA. ~~A receipt for payment of the fee is valid to obtain an identification card for a period of 12 months.~~

(4) and (5) remain the same, but are renumbered (a) and (b).

~~(6)~~(5) A duplicate identification card will not be issued if a card is lost or destroyed or the personal information on the card has changed. However, the individual may apply for a new identification card. A replacement identification card may be issued to a customer if the card is lost or stolen or to reflect changes to the personal information on the card.

~~(7)~~(6) If an identification card applicant already has a Montana driver's license, the personal information submitted for the identification card must be identical to the personal information contained in the driver record maintained by the department for the applicant. A person may only possess one driver's license or identification card at a time.

(8) remains the same, but is renumbered (7).

AUTH: ~~61-12-502~~ 61-14-201, MCA

IMP: 61-12-501, 61-12-502, 61-12-504, 61-14-201, MCA

REASON: These amendments are necessary to enable replacement or renewal of identification cards, in person, online, or by mail and to align the rule with changes made to the motor vehicle statutes by Senate Bill 487, Ch. 686, L. 2023. The authority and implementation statutes were reviewed and updated. Section 61-12-502, MCA, does not contain rulemaking authority.

23.3.507 MEDICAL STATEMENT REQUIRED FOR TYPE 2 ENDORSEMENT--EXCEPTION (1) through (3) remain the same.

(4) A medical statement is not required if an applicant drives a commercial motor vehicle exclusively for one of the following activities:

(a) as a federal, state, or local government employee;

(b) to transport human corpses or sick or injured persons;

(d) to primarily transport propane winter heating fuel when responding to an emergency condition requiring immediate response, such as damage to a propane gas system after a storm or flooding;

(e) if responding to a pipeline emergency condition requiring immediate response, such as a pipeline leak or rupture;

(f) when custom harvesting on a farm or transporting custom-harvested crops to storage or market;

(g) as a beekeeper in the seasonal transportation of bees; or

(h) as a farm vehicle operator, except when operating a combination commercial motor vehicle.

AUTH: ~~61-5-112, 61-5-117, 61-5-125~~ 61-14-202, MCA

IMP: 61-5-102, 61-5-104, 61-5-105, 61-5-106, 61-5-107, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-201, 61-5-206, 61-5-207, MCA

REASON: The amendments are necessary to set forth the exceptions granted for not requiring a medical statement for interstate commercial motor vehicle operators as specifically allowed under 49 CFR 390.3(f), 391.2, 391.68, or 398.3. The authority and implementation statutes were reviewed and updated. Section 61-5-112, MCA, does not contain rulemaking authority, 61-5-117, MCA, was repealed in 2003, Sec. 20, Ch. 428, L. 2003, and 61-5-125, MCA, was repealed and replaced in 2019, Sec. 26, Ch. 335, L. 2019.

4. The department proposes to repeal the following rules:

23.3.101 COUNTY TREASURERS AS FEE COLLECTING AGENTS

AUTH: 61-5-111(1), MCA

IMP: 61-5-111(1), MCA

REASON: This rule is no longer necessary for driver services because Motor Vehicle Division exam stations now accept additional forms of payment.

23.3.135 GRACE PERIOD FOR RENEWALS

AUTH: 44-1-103, MCA

IMP: 61-5-113, MCA

REASON: This rule is being repealed because it is no longer applicable due to changes made to the motor vehicle statutes by Senate Bill 487, Ch. 686, L. 2023.

5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Brittany Hansen, Department of Justice, Motor Vehicle Division, 302 North Roberts, Scott Hart Building, P.O. Box 201430, Helena, Montana, 59620-1430; telephone (406) 444-3638; fax (406) 444-2086; or e-mail brittany.hansen@mt.gov, and must be received no later than 5:00 p.m., July 7, 2023.

6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Brittany Hansen at the above address no later than 5:00 p.m., July 7, 2023.

7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 4,568 persons based on rule changes to ARM 23.3.147.

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

10. The bill sponsor contact requirements of 2-4-302, MCA do not apply.

11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

/s/ DAVID ORTLEY /s/ AUSTIN KNUDSEN

David Ortley Austin Knudsen

Deputy Attorney General Attorney General

Rule Reviewer Department of Justice

Certified to the Secretary of State May 30, 2023.